MD. HASMAT ALI Vs. GOVERNMENT OF WEST BENGAL

JUDGEMENT

(1.) The petitioners challenge a notice dtd. 27/8/2014 whereby the petitioners have been directed to vacate the subject premises by removing any large animals including cattle and for consequential reliefs seeking restoration of the electricity connection to the subject premises.

(2.) Briefly, the petitioners and their ancestors have been engaged in the production, distribution and sale of milk and milk production. For such purposes, the petitioners have and still are the owners of cattle and consequentially khatals within the meaning of the West Bengal Cattle Licensing Act, 1959. Sec. 9 of the Act contemplates that the State Government may by notification declare areas which are meant for the purposes of keeping cattle.

(3.) Pursuant to the above enactment, the State Authorities had sought to rehabilitate the petitioners by removing the cattle from within the city of Kolkata to GL No.49- Ganganagar-24 Parganas which was used for the Cattle Re-Settlement Project and had been initiated by the State in the year 1992. Accordingly, individual and separate bond license agreements were executed by and between the State Government and the petitioners and some of their predecessors in interest. Under such agreement, the petitioners were obliged to pay necessary electricity bills for electricity consumed by them. Each of the respective allotment letters also provided for the petitioners to vacate the premises within one year from the date of execution of the bond i.e. from 1/4/2000 to 31/3/2001.